Byrd et al v. USAA Casualty Insurance Company
Plaintiff: John Doe Byrd and Pamela Byrd
Defendant: USAA Casualty Insurance Company
Case Number: 4:2018cv05130
Filed: July 27, 2018
Court: US District Court for the Eastern District of Washington
Office: Richland Office
County: Benton
Presiding Judge: Salvador Mendoza
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2018 Filing 19 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #6 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment : Motion Hearing RESET for 11/1/2018 at 01:30 PM Richland Courtroom 189 before Judge Salvador Mendoza Jr. (DB, Courtroom Deputy)
September 17, 2018 Filing 18 RESPONSE to Motion re #9 MOTION for Summary Judgment filed by USAA Casualty Insurance Company. (Attachments: #1 Separate Statement in Support of Opposition, #2 Objections to Evidence, #3 Proof of Service)(Kastan, Joshua)
September 13, 2018 Filing 17 STATEMENT OF Material FACTS re #6 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment filed by All Plaintiffs. (Kreutz, Jeffrey)
September 13, 2018 Filing 16 RESPONSE to Motion re #6 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment filed by All Plaintiffs. Motion Hearing set for 10/1/2018 at 01:30 PM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. (Kreutz, Jeffrey)
September 6, 2018 Opinion or Order Filing 15 SCHEDULING ORDER: Pretrial Conference set for 7/11/2019 at 09:00 AM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. Final Pretrial Conference set for 8/5/2019 at 08:30 AM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. Jury Trial set for 8/5/2019 at 09:00 AM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)
September 6, 2018 Filing 14 Minute Entry for TELEPHONIC proceedings held before Judge Salvador Mendoza, Jr: Scheduling Conference held on 9/6/2018. (Reported/Recorded by: Kimberly Allen) (DB, Courtroom Deputy)
September 1, 2018 Filing 13 Notice - With respect to the telephonic scheduling conference set for September 6, 2018 at 8:30 AM please use the following: 1-888-808-6929; Access Code: 7286684; Security Code: 0910 at the time specified for hearing. Use of cellular and speaker phones is not allowed as they are not compatible with the court's sound system. (DB, Courtroom Deputy)
August 31, 2018 Filing 12 RESPONSE to Court Order Regarding Timeliness of Removal by USAA Casualty Insurance Company. (Kastan, Joshua)
August 31, 2018 Opinion or Order Filing 11 ORDER: Due to the pending cross motions for summary judgment, pursuant to ECF No. 7 , Defendant is ORDERED to file a notice addressing the timeliness of the Notice of Removal on or before September 4, 2018. The original deadline of October 30, 2018 is STRICKEN. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW. THIS ENTRY CONSTITUES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (MV, Judicial Assistant)
August 31, 2018 Filing 10 Praecipe filed by All Plaintiffs : Re #9 MOTION for Summary Judgment . Description: Errata. (Attachments: #1 Statement of Facts, #2 Complaint for Damages, #3 Declaration of Jeff Kreutz, #4 Proposed Order)(Kreutz, Jeffrey)
August 30, 2018 Filing 9 MOTION for Summary Judgment by All Plaintiffs. Motion Hearing set for 11/1/2018 at 01:30 PM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Text of Proposed Order)(Kreutz, Jeffrey) Modified on 8/31/2018 Improper inclusion of private information and missing or incorrect dates on pleadings. Attorney directed to file a redacted document and relate back to this filing. (LR, Case Administrator).
August 28, 2018 Filing 8 Praecipe filed by USAA Casualty Insurance Company: Re #6 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment. Description: Complying with redaction rules. (Attachments: #1 Errata, #2 Declaration of Joshua N. Kastan, #3 Declaration of Heath Donaldson, #4 Separate Statement, #5 Affidavit, #6 Text of Proposed Order)(Kastan, Joshua)
August 28, 2018 Opinion or Order Filing 7 ORDER: Defendant was notified of the state lawsuit on or about October 30, 2017, as stated in the Notice of Removal, ECF No. #1 . The Notice of Removal was filed on July 27, 2018. By October 30, 2018, Defendant is ORDERED to file a notice addressing why the Notice of Removal was timely under 28 U.S.C. 1446, i.e., why the case stated by the initial pleading was not removable. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW. THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (MV, Judicial Assistant)
August 27, 2018 Filing 6 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment by USAA Casualty Insurance Company. Motion Hearing set for 11/1/2018 at 01:30 PM in Richland Courtroom 189 before Judge Salvador Mendoza Jr. (Attachments: #1 Declaration of Joshua N. Kastan, #2 Declaration of Heath Donaldson, #3 Separate Statement ISO MPA, #4 Proof of Service, #5 Text of Proposed Order)(Kastan, Joshua) Modified on 8/28/2018 Improper inclusion of private information. Attorney directed to file a redacted document and relate back to this filing. (LR, Case Administrator).
August 23, 2018 Filing 5 NOTICE of Compliance With Scheduling Order by USAA Casualty Insurance Company (Kastan, Joshua)
August 20, 2018 Filing 4 NOTICE of Compliance With Scheduling Order by All Plaintiffs (Kreutz, Jeffrey)
August 20, 2018 Filing 3 STATUS REPORT by All Plaintiffs. (Kreutz, Jeffrey)
July 31, 2018 Filing 2 SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 9/6/2018 at 08:30 AM before Judge Salvador Mendoza Jr. (Attachments: #1 Consent to Proceed before a Magistrate Judge form)(DB, Courtroom Deputy)
July 27, 2018 Filing 1 NOTICE OF REMOVAL Filing fee $400; Receipt #0980-2947785 Filed by USAA Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Kastan, Joshua)
July 27, 2018 Notice of Judge Assignment. Judge Salvador Mendoza, Jr assigned to case. (LR, Case Administrator)

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Plaintiff: John Doe Byrd
Represented By: Jeffrey M Kreutz
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Plaintiff: Pamela Byrd
Represented By: Jeffrey M Kreutz
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Defendant: USAA Casualty Insurance Company
Represented By: Joshua N Kastan
Represented By: Robert S McLay
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